let go during probabation period?

bitzie

Hi all,

Hope this is in the correct section

New to this, this has been bothering me since it happened and would like to find out the reason behind it but don't know my entitlements as I was on probabation...

-Had interview
-Rang and offered a permanent 20 hour keyholder contract (new store opening)
-Accept
-Couple of weeks later all brought in for health and safety talk
-Following couple of days all unload delivery and set up shop
-Opening day, shown how to use till as customers are served

-About 4 weeks into employment made aware all staff are on a 3 month probabation period
-Also told very happy with my work and happy to have me remain as keyholder
-Manager discusses other staff members with me behind their back and problems manager is having with said employees
-Manager informs me one of the part time employees is being let go following week.
-Manager makes things very difficult for same employee and employee has no choice but to hand in notice due to being told her 16 hours will be divided up into 6 days (they were over 4 days and employee had to travel a distance and pay for parking)
-Manager happy when part timer hands in notice and says to me...that saves headoffice a job next week.
-I keep all this to myself
-Week later I am brought into office with Manager and another store Manager, my manager is taking minutes while the other store manager (nominated by headoffice) is reading an a4 sheet telling me 6 weeks into my employment my probation period has been unsuccessful and my employment has been terminated effective immediately.
-I asked why, was told neither managers know why to ring HR
-Told to sign the minutes which I did
-Questioned why this was happening as was told by manager that they were very happy with my work and I should be receiving my contract soon and was even offered more hours.
-Was advised again to contact HR
-E-mailed HR
-Received a phone call 3 hours later from the store manager that read from the a4 sheet earlier that day saying I had signed the minutes stating I was dismissed as my probation period was unsuccessful and that was it.
-Asked why they advised me to contact HR
-Was told this was only a courtesy call and as explained my probabation period was unsuccessful and not up to standard.
-I asked who monitored me.
-Was told maybe a mystery shopper and also she didn't know the feedback that was coming from my own manager.

We got absolutely no training for shop floor so I used common sense from day 1
friendly, approachable, polite, greeted every customer, helped them out,
learned how to use till as we served customers on first day of opening.

We got shown once how to do keyholder stuff - opened up shop (when rota'd to do so), closed up shop (when rota'd to do so) cashed up, back office paperwork, start of day and end of day paperwork etc

We got no contracts or terms of employment, minimum wage, nothing extra for sundays, but I enjoyed the work.

Thank you if you have read so far,

Basically now I am just wondering what to do from here,
I would love to know the exact reason for letting me go but don't know if they have to tell me as they are free to dismiss anytime during a probabation period.
I would like to know where I let myself or the shop down because from the feedback of my manager/review she was extremely happy with my work.

I have seen this on the citizens advice website but not 100% sure what it means.....

The Terms of Employment (Information) Acts 1994 and 2001 provide that an employer is obliged to provide an employee with a written statement of terms of employment within the first two months of the commencement of employment. However, this requirement does not apply to an employee who has been employed for less than a month.

I was employed for 6 weeks

Disciplinary and grievance procedures
The Labour Relations Commission has published the Code of Practice: Grievance and Disciplinary Procedures (pdf) which states that employers should have written grievance and disciplinary procedures and they should give employees copies of these at the start of their employment. Under the Unfair Dismissals Acts 1977-2007 employers are required to give the employee in written notice of the procedures to be followed before an employee is dismissed. This must be done within 28 days of entering the contract of employment.

Never received this, but not sure if u receive it after your probation period or after you start employment.

Probationary period
The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts 1997-2007 will not apply to the dismissal of an employee during a period at the beginning of employment when he/she is on probation or undergoing training provided that:
•the contract of employment is in writing
•the duration of probation or training is one year or less and is specified in the contract.
The above exclusion from the Acts will not apply if the dismissal results from trade union membership or activity, pregnancy related matters, or entitlements under the maternity protection, parental leave, adoptive leave and carer's leave legislation.

Never received a contract, was asked to fill out an application form last week (5 weeks into employment)

Thanks again in advance to anyone who has read this or can advise me on it.

Bitzie

wmpdd3

Sounds like a cowboy situation, but I have come across so many in the last 15 year in retail.

Once its before 1 year's employment, unfair dismissal is not an option.

Unless you can claim dismissal based on a disability, then I'm afraid you have to just chalk it up to experience.

I know this can be hell when it comes to dealing with new employers and the Social Welfare.

Hope I never have the misfortune to be a customer in a shop like that.

bitzie

Thanks, this was my first job in retail in over 10 years, last time I was in retail was 1999 and I was mainly a customer service clerk so I know how to treat customers.
Since then up until this job I was in office work, again dealing with customers and suppliers so I know the in's and out's of good customer service.

I just wish I knew the reason why they terminated my employment 6 weeks into it.

johnnyskeleton

If you want legal advice you should contact a solicitor.

However, it sounds to me like they are a fairly poorly organized business and it wouldn't surprise me if they folded in the short to medium term.

Tom Young

Charter issues. No legal advice.